Excluded Operating Costs. Operating Costs shall not include:
(a) costs of alterations of tenant premises;
(b) costs of capital improvements other than the Capital Reserve Amount;
(c) interest and principal payments on mortgages or any other debt costs, or rental payments on any ground lease of the Project;
(d) real estate brokers’ leasing commissions;
(e) legal fees, space planner fees and advertising expenses incurred with regard to leasing the Project or portions thereof;
(f) any cost or expenditure for which Landlord is reimbursed, by insurance proceeds or otherwise, except by Operating Cost Share Rent;
(g) the cost of any service furnished to any office tenant of the Project which Landlord does not make available to Tenant;
(h) depreciation;
(i) franchise or income taxes imposed upon Landlord, except to the extent imposed in lieu of all or any part of Taxes;
(j) costs of correcting defects in construction of the Project(as opposed to the cost of normal repair, maintenance and replacement expected with the construction materials and equipment installed in the Project in light of their specifications);
(k) legal and auditing fees which are for the benefit of Landlord such as collecting delinquent rents, preparing tax returns and other financial statements;
(l) the wages of any employee for services not related directly to the management, maintenance, operation and repair of the Project;
(m) fines, penalties and interest;
(n) any ground lease rental;
(o) depreciation, amortization and interest payments (except as provided herein and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party) where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party’s services, all as determined in accordance with GAAP, consistently applied, and when depreciation or amortization is permitted or required, the item shall be amortized over its reasonably anticipated useful life;
(p) costs incurred by Landlord due to the violation by Landlord or any tenant of the terms and conditions of any lease of space in the Project;
(q) overhead and profit increment paid to Landlord or to subsidiaries or affiliates of Landlord for goods and/or services in the Project to the extent same exceeds the costs of such goods and/or services rendered by unaffiliated third parties on a competitive basis;
(r) any compensation paid to c...
Excluded Operating Costs. Operating Costs shall not include:
(a) costs of alterations of tenant premises;
(b) costs of capital improvements other than Included Capital Items;
(c) interest and principal payments on mortgages or any other debt costs, or rental payments on any ground lease of the Project;
(d) real estate brokers’ leasing commissions;
(e) legal fees, space planner fees and advertising expenses incurred with regard to leasing the Building or portions thereof;
(f) any cost or expenditure for which Landlord is reimbursed, by insurance proceeds or otherwise, except by Operating Cost Share Rent;
(g) the cost of any service furnished to any office tenant of the Project which Landlord does not make available to Tenant;
(h) depreciation (except on any Included Capital Items);
(i) franchise or income taxes imposed upon Landlord, except to the extent imposed in lieu of all or any part of Taxes;
(j) legal and auditing fees which are for the benefit of Landlord such as collecting delinquent rents, preparing tax returns and other financial statements, and audits other than those incurred in connection with the preparation of reports required pursuant to Section 2B above;
(k) the wages of any employee for services not related directly to the management, maintenance, operation and repair of the Building; and
(l) fines, penalties and interest.
Excluded Operating Costs. 6 (3) Taxes............................................................ 6 (4)
Excluded Operating Costs. Operating Costs shall not include:
(a) costs of alterations of tenant premises;
(b) costs of capital improvements other than Included Capital Items;
(c) interest and principal payments on mortgages or any other debt costs, or rental payments on any ground lease of the Project;
(d) real estate brokers' leasing commissions;
(e) Legal fees, space planner fees and advertising expenses incurred with regard to leasing the Building or portions thereof;
(f) any cost or expenditure for which Landlord is reimbursed, by insurance proceeds or otherwise, except by Operating Cost Share Rent;
(g) the cost of any service furnished to any office tenant of the Project which Landlord does not make available to Tenant;
(h) depreciation (except on any included Capital Items);
(i) franchise or income taxes imposed upon Landlord, except to the extent imposed in lieu of all or any part of taxes;
(j) costs of correcting defects in construction of the Building (as opposed to the cost of normal repair, maintenance and replacement expected with the construction materials and equipment installed in the Building in light of their specifications);
(k) legal and auditing fees which are for the benefit of Landlord such as collecting delinquent rents, preparing tax returns and other financial statements, and audits other than those incurred in connection with the preparation of reports required pursuant to Section 2B above;
(l) the wages of any employee for services not related directly to the management, maintenance, operation and repair of the Building;
(m) fines, penalties and interest; and
(n) any Operating Cost Share Rent not recovered from other tenants.
Excluded Operating Costs. Operating Costs shall not include:
(a) costs of alterations of tenant premises;
(b) costs of capital improvements other than Included Capital Items;
(c) interest and principal payments on mortgages or any other debt costs, or rental payments on any ground lease of the Project;
(d) real estate brokers' leasing commissions;
(e) legal fees, space planner fees and advertising expenses incurred with regard to leasing the Building or portions thereof;
(f) any cost or expenditure for which Landlord is reimbursed, by insurance proceeds or otherwise, except by Operating Cost Share Rent;
(g) the cost of any service furnished to any office tenant of the Project which Landlord does not make available to Tenant;
(h) depreciation (except on any Included Capital Items);
(i) franchise or income taxes imposed upon Landlord;
Excluded Operating Costs. 3 (3) TAXES...................................................... 4 (4)
Excluded Operating Costs. Operating Costs shall not include:
(a) costs of capital improvements other than Included Capital Items;
(b) interest and principal payments on mortgages or any other debt costs, or rental payments on any ground lease of the Project;
(c) any cost or expenditure for which Landlord is reimbursed, by insurance proceeds or otherwise, except by Operating Cost Rent;
(d) depreciation and amortization (except on any Included Capital Items);
(e) franchise or income taxes imposed upon Landlord;
Excluded Operating Costs. Operating Costs shall not include those items set forth on Appendix D attached hereto.
Excluded Operating Costs. Operating Costs shall not include:
(a) interest and principal payments on mortgages or any other costs related to financing the Project, or rental payments on any ground lease of the Project;
(b) real estate brokers’ leasing commissions;
(c) legal fees, space planner fees and advertising expenses incurred with regard to leasing the Building or portions thereof;
(d) any cost or expenditure for which Landlord is reimbursed, by insurance proceeds or otherwise, except by Operating Cost Share Rent;
(e) depreciation (except on any Included Capital Items);
(f) franchise or income taxes imposed upon Landlord;
(g) costs of correcting defects in construction of the Building or Premises or to bring the Building or Premises into compliance with laws in effect on the Rent Commencement Date (as opposed to the cost of normal repair, maintenance and replacement expected with the construction materials and equipment installed in the Building in light of their specifications);
(h) legal and auditing fees which are for the benefit of Landlord such as collecting delinquent rents, preparing tax returns and other financial statements, and audits other than those incurred in connection with the preparation of reports required pursuant to Section 2B above;
(i) the wages of any employee for services not related directly to the management, maintenance, operation and repair of the Building;
(j) fines, penalties and interest; and
(k) the costs incurred by Landlord for maintenance, repair and replacement of the structural components of the roof, the foundation and exterior, load bearing walls of the Building.
Excluded Operating Costs. Operating Costs shall not include:
(1) costs of alterations of tenant premises;
(2) costs of capital improvements other than Included Capital Items;
(3) interest and principal payments on mortgages or any other debt costs, or rental payments on any ground lease of the Project;
(4) real estate brokers' leasing commissions;
(5) legal fees, space planner fees and advertising expenses incurred with regard to leasing the Building or portions thereof;
(6) any cost or expenditure for which Landlord is reimbursed, by insurance proceeds or otherwise, except by Operating Cost Share Rent;
(7) the cost of any service furnished to any office tenant of the Project which is specifically excluded from services Landlord is obligated to provide under this Lease;
(8) depreciation (except on any Included Capital Items);
(9) legal or other professional fees incurred to enforce leases against tenants;
(10) legal and auditing fees incurred by Landlord in connection with forming, maintaining, and operating the entity that comprises Landlord, but not legal and auditing fees directly related to the management and operation of the Building and not otherwise excluded from operating costs in this Section 2.3(b): and
(11) the wages of any employee for services not related directly to the management, maintenance, operation and repair of the Building.
